Technology & Marketing Law Blog

AUGUST 11, 2022

Rebecca Tushnet and I are pleased to announce the sixth edition of our casebook, Advertising & Marketing Law: Cases & Materials. A sample chapter, Chapter 14 (on publicity rights and endorsements), is available as a free download. Chapter 2: What is an Advertisement? Chapter 3: False Advertising Overview.

Editing 126

Editing Advertising Advertising Marketing 126

The TTABlog

OCTOBER 17, 2022

In an unsurprising decision, the Board reversed a refusal to register the mark PERMWARE for "downloadable software for managing permeation laboratory master data," finding Applicant Mocon's screenshot to be an acceptable specimen of use. The specimen is not a webpage excerpt advertising the software. In re Mocon, Inc.

Advertising 94

Advertising Advertising Licensing Trademark 94

TorrentFreak

JULY 9, 2022

These VPN providers emphasize in advertisements that they delete their end users’ log access records so their identities will never be disclosed to copyright owners or law enforcement. “Downloading and sharing files via torrent is a violation of copyright law. It means that you may be punished by law.

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Advertising Advertising Copying Trademark 141

TorrentFreak

NOVEMBER 15, 2023

Piracy and Illegal Gambling Start Sharing a Cell Before the advent of various international schemes that prevent gambling companies from advertising on pirate sites or contain an abstention agreement, gambling ads and pirate site were commonly seen together. “After checking them one by one, most of them were the same company. .

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Advertising Advertising Reporting Government 121

TorrentFreak

OCTOBER 23, 2022

The tracking service has been entertaining and sometimes scaring BitTorrent users for years, matching IP addresses to infringing downloads and even providing lists of IP addresses relating to specific content. Those seeking pirate downloads will find absolutely nothing of interest. No downloads. No torrents.

Reporting 109

Reporting IP Publishing Copyright 109

TorrentFreak

MAY 2, 2022

The pirated copy – complete with Russian dubbing – was downloaded from an unnamed torrent site. Among the most prominent are ‘Kino Non-Stop’ (Cinema Non-Stop) and ‘World Movies On the Big Screen’ which advertise screenings of movies on their VK social media accounts ( 1 , 2 ).

Cinema 145

Cinema Social Media Business Copying 145

43(B)log

APRIL 29, 2024

It advertised “This device was one of the most popular items on a popular 3D printing website with over 20,000 unique downloads” on its website, at a time when Leszczynski’s Thingiverse page displayed that his Cube had been downloaded 20,000 times. False advertising: Only ok against Kitchen Cube.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

The TTABlog

OCTOBER 21, 2022

Applicant's first set of specimens comprised webpages displaying the mark and describing the software, but did not provide a way to download the software. In short, the webpages merely advertised the goods. The second set of webpages offered pricing information, but did not allow downloading of the software.

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Advertising Advertising Trademark Marketing 72

43(B)log

OCTOBER 18, 2024

Defendants allegedly copied key components of Trackman’s copyrighted software and falsely suggested, in promotions and advertisements, that defendants were authorized to use the well-known courses in their game. Although the court dismissed a contract claim, copyright and false advertising claims survived. What about materiality?

False Advertising 52

False Advertising Contracts Advertising Advertising 52

Technology & Marketing Law Blog

JULY 16, 2021

Advertising/E-Commerce. While such social media posts may not have the indicia of a traditional advertisement, there can belittle doubt that these paid posts are in fact advertisements… Today, consumers face waves of advertisements amid a sea of product choices. Ariix, LLC v. NutriSearch Corp.,

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Advertising Advertising Contracts Social Media 120

LexBlog IP

JANUARY 5, 2023

The Announcement outlines a scary scheme by cyber criminals, who “are using search engine advertisement services to impersonate brands and direct users to malicious sites that host ransomware and steal login credentials and other financial information.” Use an ad blocking extension when performing internet searches.

Advertising 40

Advertising Advertising Privacy Business 40

TorrentFreak

NOVEMBER 24, 2024

For downloaders in the early 2000s, faster connections couldn’t come soon enough. In the meantime, ads promising faster downloads began appearing everywhere. Others linked to all-you-can-eat ‘direct download’ portals with flashy names and equally flashy graphics. In most cases there was no content to download.

Reporting 98

Reporting Business Music Advertising 98

TorrentFreak

FEBRUARY 29, 2024

In the United States, the formation of the Trustworthy Accountability Group (TAG) in 2015 saw advertisers and advertising agencies come together to clean up the system and prevent ad revenue from reaching pirate sites. still aims to defund pirate sites and protect advertisers from undesirable associations.

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Advertising Advertising Branding Brands 118

TorrentFreak

JANUARY 25, 2024

Through Oscartorrents.com , pirates could download the nominated films, review them, and vote for their favorite. This rogue Oscars alternative taunted Hollywood by attracting over 100,000 ‘pirate’ votes and many more illegal downloads. Estimated torrent downloads (Jan 15 – 24) Below is an overview of all findings.

Advertising 114

Advertising Advertising Copying Reporting 114

TorrentFreak

OCTOBER 23, 2023

In the report, the group lists various pirate sites that allow the public to download games for free. Cyberlockers, Linking and Torrent Sites Download sites remain a key problem for the video games industry and these exist in various forms. Over the past year, the number of estimated game downloads rose 135% according to the report.

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Advertising Advertising Copying Marketing 129

43(B)log

SEPTEMBER 9, 2021

6, 2020) From the deepest depths of backlog: Tocmail alleged that Microsoft’s deceptive promotions of its cyber-security service, Safe Links, constituted false advertising and contributory false advertising. This wasn’t enough to state a claim for contributory false advertising. “[T]he

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False Advertising Advertising Advertising IP 45

TorrentFreak

JULY 16, 2024

The Court heard how 30-year-old Tuan began work on the sites back in 2019, aiming to distribute movies to the public, without permission from rightsholders, for the purpose of generating illegal profits from advertising. The men were also responsible for increasing user engagement to attract advertising revenue.

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Advertising Advertising Reporting Editing 138

TorrentFreak

OCTOBER 31, 2021

Perhaps unsurprisingly, millions of people decided to download or stream these illegal copies. However, when we analyzed a large sample (*) of the download numbers through BitTorrent, we noticed an interesting pattern. On that day, there were hundreds of thousands of downloads, which easily made Dune the most downloaded film that day.

Copying 145

Copying Reporting Advertising Advertising 145

TorrentFreak

FEBRUARY 22, 2023

These apps play a key role in the advertising mechanisms that generate revenue for the Pluto TV service and support the free-to-watch model. Users may also prefer less advertising or find the amount of user data scooped up by official apps a privacy risk. at [former repo location],” the notice reads (minor edits for clarity).

Copyright Infringement 142

Copyright Infringement Television Copyright Advertising 142

SpicyIP

MARCH 8, 2023

However, in an interesting turn of events, Winzo, that operates a gaming app, sued Google for displaying a disclaimer on their website when their app is downloaded by any user. The plaintiff in November 2021 was made aware of disclaimer/warning to users upon an attempted download of the plaintiff’s application by the defendant, Google.

Advertising 104

Advertising Advertising Trademark Intellectual Property Law 104

TorrentFreak

AUGUST 12, 2022

What some don’t know is that through the actions of others, they may be paying to access unlicensed software that is no more legal than a download from The Pirate Bay. Microsoft says that it develops software and distributes digital downloads using its own site and those of other vendors. Microsoft Files Copyright Lawsuit.

Copying 114

Copying Licensing Marketing Marketing 114

The IPKat

NOVEMBER 11, 2022

Bobo Vieri during his Juventus tenure Can the unauthorized production (minting), advertising, and offer for sale of a non-fungible token (NFT) infringe one’s own trade mark rights? The Rome Court of First Instance answered ‘yes’ in the context of a successful application for a preliminary injunction made by Juventus F.C.

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Non-Fungible Tokens Advertising Advertising Registration 145

TorrentFreak

AUGUST 12, 2021

After it was bought at auction it was parked at Sedo and monetized through an advertising feed. Legal Download Site. Since the ‘Pirate Bay’ audience is generally interested in downloading things, Antonio hoped to turn it into a legal download site. ThePirateBay.com followed a different path.

Advertising 144

Advertising Advertising Business Copyright 144

43(B)log

SEPTEMBER 16, 2021

After nearly two years, the ONgDB software had been downloaded over 14,000 times, “signaling its widespread success.” Summary judgment granted on state and federal false advertising claims. They also regularly used the Neo4j Mark as a hashtag on Twitter. Plaintiffs’ motion for summary judgment on the trademark claims was granted.

False Advertising 64

False Advertising Advertising Advertising Licensing 64

TorrentFreak

DECEMBER 2, 2022

With nearly 12 million books, Z-Library advertised itself as the largest repositories of pirated books on the Internet. On Telegram, “ultrascientist” and freedom fighter ‘Nexus’ stepped up with an advanced book download bot. These types of download bots are nothing new on Telegram.

Copyright 142

Copyright Social Media Copyright Infringement Advertising 142

TorrentFreak

OCTOBER 4, 2024

Other categories include apps and piracy devices, such as Pikashow, EVPAD, and LokLok; IPTV services including MagisTV and Gogo IPTV; ‘Piracy as a Service’ providers such as 2embed, Rewall, and WHMCS Smarters; and direct download portals including Doodstream and Mixdrop. net, dytt89.com, com, dy2018.net, net, dy2018.com,

Reporting 118

Reporting Government Marketing Marketing 118

TorrentFreak

DECEMBER 16, 2023

On March 20, 2020, David uploaded a video about a Docker container for youtube-dl, software that allows people to download videos from YouTube and other platforms. No specific reasons were given but YouTube’s terms of service state that downloading from the platform is not allowed.

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Publishing Technology Government Music 132

TorrentFreak

NOVEMBER 19, 2022

It allows users to stream live TV or download movies and TV shows for use offline. It’s currently available via free download and generates revenue from in-app advertising, some of it provided by Google according to a recent analysis. PikaShow’s biggest draw, of course, is the price. PikaShow Markets to the Masses.

Advertising 138

Advertising Advertising Copyright Editing 138

IPilogue

SEPTEMBER 9, 2022

In a recent installment in the series of intellectual property disputes in the music industry, electronic artist Four Tet, also known as Kieran Hebden, has won a royalty lawsuit against his independent British record label, Domino Record Label, over how much he is paid every time one of his songs is downloaded or streamed. The Case at Hand.

Music 104

Music Intellectual Property Contracts Settlement 104

TorrentFreak

OCTOBER 31, 2024

Sites were overwhelmingly free and if MP3 files were spotted by an alert surfer, it was almost considered rude not to download them, bandwidth permitting. The belief that somehow everything is free on the internet was widespread in the late 1990s. ” From: TF , for the latest news on copyright battles, piracy and more.

Fair Use 128

Fair Use Social Media Copyright Copyright Infringement 128

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. The account formation process included a screen where a user could proceed only by clicking on the “play” button: Warner Bros. sought to send the case to arbitration. The district court disagreed. Warner Bros. before playing GOTC.

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False Advertising Government Privacy Designs 96

Technology & Marketing Law Blog

NOVEMBER 30, 2022

I guess RCN can better manage its copyright liability exposure by advertising that it provides shitty connections. Marketing fast Internet is evidence that the service is trying to profit from copyright infringement…? The court says it’s possible to contributorily violate 1202.

Copyright 138

Copyright Advertising Advertising Copyright Infringement 138

TorrentFreak

JANUARY 10, 2024

The aim was to launch services that would distribute movies to the public, without permission from rightsholders, for the purpose of generating illegal profits from advertising. Police say Huy and Nhan were tasked with downloading, editing and distributing movies, but offered no specific details in relation to that work.

Advertising 112

Advertising Advertising Reporting Copying 112

TorrentFreak

MAY 15, 2023

The popular video platform has become an important promotional channel that brings in billions of dollars of advertising revenue every year. Millions of people use so-called stream-ripping websites to download music tracks from YouTube, without permission. The success story has a downside, however.

Copyright 142

Copyright Music Technology Fair Use 142

TorrentFreak

JULY 13, 2022

In the 2000s, Japan was a relatively safe place for people with a penchant for downloading content without paying for it. While uploading copyrighted content was already illegal, in 2012 Japan criminalized unlicensed movie and TV show downloading, punishable by fines and up to two years in prison.

Copyright Infringement 143

Copyright Infringement Copyright Reporting Advertising 143

TorrentFreak

JULY 14, 2024

and Cellco Partnership (dba Verizon Wireless), stand accused of assisting subscribers to download and share pirated music, by not doing enough to stop them. The complaint cites Verizon subscribers’ persistent use of BitTorrent networks to download and share pirated music, with Verizon allegedly failing to curtail their activity.

Copyright Infringement 139

Copyright Infringement Music Copyright Copyright Notice 139

TorrentFreak

APRIL 22, 2024

In 2021, more than 900,000 users downloaded the app through Google Play, in Spain alone. Last September, Javier Tebas revealed that LaLiga had “eliminated” 58 pirate apps, by unspecified means, together worth a million downloads in Spain. followers); YouTube (23k subscribers).

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Copying Television Reporting Privacy 111