Copyright Lately

AUGUST 14, 2023

Fischer denied both parties’ motions for summary judgment, finding triable issues of substantial similarity and fair use. Among other things, the court held that there was a factual dispute as to whether or not defendants’ purpose in using Sedlik’s image of Miles Davis was “commercial.”

Fair Use 94

Fair Use Social Media Licensing Marketing 94

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.” Nature of Use. “IJR has less of a case for ‘transformative’ use than the Andy Warhol Foundation did in Warhol. ” The district court granted summary judgment to IJR.

Fair Use 105

Fair Use Licensing Copyright Marketing 105

43(B)log

AUGUST 16, 2021

Trademark/unfair competition claims: these were all based on alleged use of the “Rose Bowl” mark in an Instagram post made on the Rose Bowl Stadium’s official Instagram account, together with an image of the official program from the 1956 iteration of the Rose Bowl Game. The Instagram post was before the court and was NFU.

Fair Use 94

Fair Use False Advertising Intellectual Property Ownership 94

SpicyIP

JULY 13, 2021

We’re pleased to bring you a guest post by Sangita Sharma, looking into the law around comparative advertisements in India. Serious Comparative Advertising: Broadening the Definition. It allowed the advertisement but asked the company to remove the reference to the detergent soap. Sangita Sharma.

Advertising 105

Advertising Advertising Branding Branding 105

43(B)log

APRIL 26, 2023

Creager sells Montana post drivers (made in China) that compete with the Texas post drivers sold by IDT (advertised as made in the USA). IDT created an ad for its products using two images of Montana post drivers for which Creager later obtained a copyright registration. There’s more, including public disputes on Craigslist.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

43(B)log

MARCH 1, 2022

25, 2022) “The softball team and flag corps at a public high school outside Fort Worth used their Twitter accounts to post a motivational passage from sports psychologist Keith Bell’s book, Winning Isn’t Normal.” He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

Intellectual Property Law Blog

APRIL 13, 2023

These issues include whether the training of GAI models constitute infringement or is permitted under fair use, who is liable if the output infringes (the tool provider or user) and whether the output is copyrightable. Generative AI (GAI) applications have raised numerous copyright issues.

Fair Use 246

Fair Use Designs Design Advertising 246

Copyright Lately

SEPTEMBER 29, 2024

Atari’s copyright infringement lawsuit against State Farm advances, underscoring the importance of careful clearance in advertising. In addition to copyright infringement, Atari brought claims for business disparagement, false information and advertising, unfair competition, and unjust enrichment.

Fair Use 110

Fair Use Copyright Artwork Social Media 110

SpicyIP

SEPTEMBER 28, 2023

Image from here Not Everyone’s Cup of “Use” – The Changing Dynamics of “Trademark Use” and “Infringement” in Internet Advertising Nivrati Gupta “New technologies give us new opportunities, but they all raise the question: How do old, familiar laws apply?” Findings of the Court in Google LLC v.

Advertising 110

Advertising Advertising Trademark Marketing 110

43(B)log

JUNE 19, 2023

“Xfinity alleges GGT is using fake or stolen identities to obtain Xfinity phones, and that GGT ‘unlocks’ those phones before reselling them abroad for a profit.” However, GGT’s website use of Xfinity’s logo was nominative fair use as a matter of law.

Fair Use 81

Fair Use Trademark Advertising Advertising 81

Technology & Marketing Law Blog

JANUARY 22, 2022

The court says the Dubtown video wasn’t copyright infringing because of fair use: Purpose/Character of Use. ” The videos were transformative, even if parts of precedent material were used verbatim. .” However, McFree made transformative uses. This factor weighs slightly against fair use.

Fair Use 143

Fair Use Copyright Infringement Marketing Marketing 143

TorrentFreak

MARCH 27, 2022

Dealing with most claims this way provides efficiency for YouTube but there are times when algorithms get things wrong or complex issues such as determining instances of ‘fair use require input from human beings. To this end, Google/YouTube is now seeking to boost its already massive team. Copyright Operations Specialist.

Copyright 145

Copyright Fair Use Copyright Law Advertising 145

Technology & Marketing Law Blog

DECEMBER 31, 2021

The court says that instead of doing a First Amendment analysis, it’s possible that a fair use analysis is sufficient for 512(h) subpoenas (citing Eldred for the principle that fair use is the First Amendment safety valve to copyright infringement). Case citation : In re DMCA § 512(h) Subpoena to Twitter, Inc.,

Fair Use 124

Fair Use Blogging Marketing Marketing 124

SpicyIP

DECEMBER 6, 2023

2(c), the fair use exemption thereof under Sec. 52(1)(t); and (ii) if yes, whether the proviso of the same or ‘fixation requirement’ excludes it from the scope of fair use. Lastly, I will discuss the argument of moral rights of the author in contending the ‘fair use exemption’ of their work.

Moral Rights 49

Moral Rights Fair Use Art Artistic Work 49

Above the Fold

MAY 22, 2023

This high-profile case hinged on whether Warhol’s images of Prince meaningfully transformed Goldsmith’s original black and white photo so as to create a new work of art protected by the fair use doctrine. SCOTUS held that Warhol’s images did not constitute fair use.

Fair Use 52

Fair Use Copyright Infringement Art Music 52

LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work. copyright law. Copyright law in the U.S.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

43(B)log

FEBRUARY 18, 2022

Does it work differently in the US where there is a separate ROP? When, how and why would you seek permission to use persona. Industries: advertising, merchandising, movies/TV, and video games. A: History differs a lot—US foundation for ROP was set much earlier. You can cluster fair use cases.

Fair Use 45

Fair Use Contracts Litigation Copying 45

TorrentFreak

NOVEMBER 18, 2022

Japan does not recognize fair use and even if it did, experts predicted that ‘Fast Movies’ would still cross red lines. People generating advertising revenue from ‘Fast Movies’ certainly wouldn’t improve things either.

Editing 145

Editing Television Copyright Infringement Advertising 145

Technology & Marketing Law Blog

JUNE 2, 2022

Nature of Use. It wasn’t possible to use only a portion of the photo to depict melancholy, so I guess the court is saying Kat Von D should have picked a different image altogether? This factor weighs against fair use. Tattoo Advertising/Human Billboards. ” That sends the issue to the jury. Warner Bros.

Copyright 145

Copyright Social Media Fair Use Licensing 145

Plagiarism Today

OCTOBER 26, 2021

Besides, even if a rightsholder did decide to target such home uses (which would likely be against their self-interest), it is almost certain that it would be found to be a fair use. However, commercial use of costumes still raises legal questions.

Trademark 279

Trademark Copyright Cease and Desist Copying 279

LexBlog IP

MARCH 15, 2024

Plaintiff has been suing various wristwatch companies over the use of the term RED GOLD. Throughout the twentieth century, many newspapers, advertisements, magazines, textbooks, and other reference materials used the term “red gold” to describe the gold-copper combination.

Fair Use 52

Fair Use Social Media Trademark Advertising 52

SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. C) Any non-commercial use of a mark.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Technology & Marketing Law Blog

OCTOBER 6, 2022

2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. To briefly summarize, the court left the fair use question entirely to the jury, despite its own pre-trial order and the Supreme Court’s recent decision in Google v. Tattoo Advertising/Human Billboards.

Blogging 144

Blogging Fair Use Copyright Infringement Licensing 144

43(B)log

SEPTEMBER 16, 2021

This has caused some confusion about whether and when a commercial license from Neo4j USA is necessary to use, modify or redistribute the software in a commercial setting.” Thus, this was not nominative fair use, but rather a use that created the misleading perception that defendants’ products were Neo4j products.

False Advertising 64

False Advertising Advertising Advertising Licensing 64

Copyright Lately

MARCH 31, 2024

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

Copyright 89

Copyright Fair Use Social Media Artwork 89

Technology & Marketing Law Blog

JULY 5, 2022

” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ). Nature of the use. The photos were already published, which weighs in favor of fair use. ” This also weighs in favor of fair use (?). Amount taken.

Fair Use 115

Fair Use Plagiarism Copyright Marketing 115

43(B)log

MARCH 21, 2024

The court previously denied summary judgment on nominative fair use, treating it as a balancing test: LHB needed to use “Taser” to refer to Axon’s product, but used too much (it was a former distributor), and there were genuine disputes of fact on whether it did anything else to suggest endorsement.

Fair Use 45

Fair Use Advertising Advertising Art 45

Technology & Marketing Law Blog

SEPTEMBER 29, 2024

The denial of fair use stands, but the damages get zeroed out. Fair Use Nature of Use “Defendants’ use of the tattoos was clearly commercial.” The videogame made a commercial editorial use of the tattoo. ” I could see the fair use analysis going the other way on appeal.

Copyright 116

Copyright Fair Use Licensing Blogging 116

TorrentFreak

MAY 24, 2022

Terms such as DMCA, copyright strike and fair use are now regular features in YouTube content creator communities but that hasn’t necessarily led to fewer infringements or happier rightsholders. Seventeen years later, with billions of internet users now both consumers and creators of content, people are becoming more educated.

Editing 145

Editing Copyright Television Copyright Law 145

The TTABlog

JANUARY 20, 2022

J & J's advertising and sales figures were "quite impressive." In its answer, however, it did raise the issue of parody, claiming no likelihood of confusion and fair use. The Board found the mark to be arbitrary, inherently distinctive, and conceptually strong.

Fair Use 143

Fair Use Advertising Advertising Licensing 143

IPilogue

SEPTEMBER 29, 2021

The legal question at the center of the dispute is whether Warhol’s series is fair use of Goldsmith’s original photograph. A permissible derivative creation, or fair use, requires transformative changes made to the original. The trial judge John G. This is not the first time Andy Warhol was sued for IP infringement.

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

43(B)log

NOVEMBER 21, 2022

They try to articulate claims for trademark infringement, counterfeiting, false association, and false advertising. Thus, “[i]n context, the contested button is not false association or false advertising.” They don’t succeed, especially considering Rule 9(b)’s heightened pleading requirements for claims sounding in fraud.

False Advertising 72

False Advertising Fair Use Advertising Advertising 72

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 98

Blogging Copyright Fair Use Copyright Infringement 98

IP and Legal Filings

MARCH 5, 2025

2] They contended that the defendants are perpetuating gross misinformation by running fraudulent medicinal drug advertisement campaigns through wrongful use of Artificial Intelligence and are creating deepfakes by distorting images, voice, and other personality traits of Rajat Sharma, also infringing upon the registered trademarks of his company.

Personality Rights 84

Personality Rights Privacy Journalism Copyright 84

43(B)log

SEPTEMBER 28, 2021

Unsurprisingly, the trademark claims survive a motion to dismiss, but associated false advertising claims don’t. VFB alleged trademark infringement, and that the Vampiro Cocktail label’s claims that it is made from 100% agave and with grapefruit were false advertising that would tarnish and dilute VFB’s marks.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

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 64

False Advertising Advertising Advertising Copyright 64

Technology & Marketing Law Blog

APRIL 3, 2023

Professor Farley and I propose a trademark fair use defense that would apply to any informational or expressive use of language or designs claimed by another as a mark in connection with any goods or services. Grimaldi , and later adopted and expanded by the Ninth Circuit.

Blogging 116

Blogging Trademark Fair Use Trademark Law 116