IP and Legal Filings

APRIL 19, 2022

Temporary or incidental storage of work or performance to provide electronic links, access, or integration, where the owner has not expressly prohibited such links, access, or integration, falls under the ambit of fair use of copyright, according to Section 52(1)(c) of the Indian Copyright Act, 1957.

Copyright Law 74

Copyright Law Copyright Law Copyright Infringement 74

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 95

Fair Use Plagiarism Copyright Marketing 95

Technology & Marketing Law Blog

DECEMBER 11, 2021

In particular, they are having some success bending Section 230, and this genre offers some interesting considerations for folks paying attention to the privacy/230 borders. Whitepages decision , a more significant decision than I initially thought, the plaintiffs are making progress in the early rounds of their cases. Callahan v.

Advertising 92

Advertising Advertising Social Media Blogging 92

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

IP Tech Blog

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. NFTs also may embody or use trademarks. StockX responded that its NFTs are permissible trademark “fair use” as part of its retail sales and advertising of authentic NIKE sneakers.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

LexBlog IP

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. NFTs also may embody or use trademarks. At that point, US trademark applicants have an additional 3 years to begin using the mark in US commerce.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 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. Influence of law, desire to contract, social norms. Industries: advertising, merchandising, movies/TV, and video games. Deterrence and morality were both invoked—rightness was informed by the law.

Fair Use 57

Fair Use Contracts Litigation Copying 57

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. What about fragmented literal similarity based on use of clips from the 2001 Documentary (no clips from the 2003 Documentary were allegedly used)?

Fair Use 52

Fair Use Trademark Copyright Editing 52

43(B)log

NOVEMBER 2, 2021

1, 2021) Plaintiffs in this putative class action alleged that PeopleConnect misappropriated their names, photographs, and likenesses and used the same in advertising its products and services, “including reprinted yearbooks and subscription memberships to the website Classmates.com.” PeopleConnect, Inc., 2021 WL 5050079, No.

Copyright 62

Copyright Advertising Advertising Privacy 62

43(B)log

FEBRUARY 24, 2023

UCLA School of Law Mark Janis: 1 st day of TM: students’ experience of brands as used by owners & 3 rd parties is so disconnected from the historical traditions of TM. Or is it just the messiness of common law adjudication + rapid tech change? Is merchandising really the outlier or is it now really the model of TM law.

Trademark 48

Trademark Branding Brands Branding 48

43(B)log

FEBRUARY 3, 2024

Allowed producers to control coffee machines by putting software in them; can prevent use, resale, using unsupported coffee. They’re making failure to monitor repeat infringers into its own independent basis of liability—so it’s not really a DMCA case, but a conflation of common law and DMCA theories of liability.

Privacy 57

Privacy Fair Use Fanworks Government 57

43(B)log

AUGUST 3, 2023

Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. 3) reasonable measures to safeguard privacy interests. (4)

Social Media 52

Social Media Fair Use Advertising Advertising 52

Kluwer Copyright Blog

JUNE 26, 2024

are the background lyrics of the latest Google advertisement about the future of online search. And what is the fate of copyright law in this new world order? More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A. A ‘Google Zero’ World? “I I got the new stuff!”

Copyright 102

Copyright Content Creation Fair Use Technology 102

43(B)log

FEBRUARY 25, 2023

Changes in Trademark Law and Evidentiary Rules Introduction: Jake Linford Before courts admitted surveys routinely, they were concerned about hearsay. Instead of surveys, can we look at things like Google results or large text databases reflective of use in a particular community? Some objections go to the weight of the evidence.

Trademark 70

Trademark Marketing Marketing Advertising 70

43(B)log

APRIL 7, 2023

But there are EU inconsistencies: Prevailing interpretations of local laws may stick around—not clear that Germany will repeal NetzDG/change interpretation of law. Keller: lawful but awful, which UK wants as a whole new category—de facto illegal online but liability falls on platform rather than speaker. That’s really important.

Art 67

Art Litigation Law Reporting 67

43(B)log

APRIL 7, 2023

Moderator: Martin Senftleben, University of Amsterdam Copyright Law and/or/vs. a ‘Brussels Effect’ for the Digital Services Act Jennifer Urban, Berkeley Law School The Brussels Effect claim is descriptive, not predictive—can it apply to the DSA? Anupam Chander, Georgetown Law School Imagine the DSA of Brazil, India, Nigeria, or Putin.

Art 44

Art Copyright Settlement Moral Rights 44

Patently-O

DECEMBER 12, 2021

Ernst , Professor of Law, Golden Gate University School of Law. The PTO’s asserted justification for this total ban on registration is “to protect the intellectual property right of privacy and publicity that a living person has in his/her identity.” [10] Guest Post by Samuel F. The Lanham Act seems to say no, and the U.S.

Registration 69

Registration Government Advertising Advertising 69

Technology & Marketing Law Blog

JANUARY 24, 2023

Three dynamics combined to make 2022 a brutal year for Internet Law. The Republicans have made the techlash the centerpiece of their policy platform; meanwhile, some of the most anti-Internet laws enacted in 2022 came from “blue” states. Musk is a one-man wrecking ball for Internet Law. NetChoice v.

Law 115

Law Social Media Government Privacy 115