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.

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Advertising Advertising Trademark Marketing 110

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. This isn’t to say there’s been no litigation in this area.

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Trademark Copyright Cease and Desist Copying 279

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.

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Moral Rights Fair Use Art Artistic Work 49

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. RT: Litigated cases about influencers might have the contracts as part of the record. You can cluster fair use cases.

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Fair Use Contracts Litigation Copying 45

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 ). Finally, there are genuine obstacles to MoneyBags’s participation, given the expense of litigation and the lack of a contrasting economic incentive in this suit. Nature of the use.

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Fair Use Plagiarism Copyright Marketing 115

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

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.

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Copyright Infringement Copyright Art Fair Use 105

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

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. The expense of litigation may chill speech. Grimaldi , and later adopted and expanded by the Ninth Circuit.

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Blogging Trademark Fair Use Trademark Law 116

Technology & Marketing Law Blog

OCTOBER 25, 2023

Instead, she gets a 12(b)(6) dismissal based on fair use. Purpose and Character of Use. “use of the entire image of the Tattoo in the 8-way split screen montage, with visual and audio effects, is appropriate to Defendants’ transformative purpose of showing the public’s reaction to Season One of the Tiger King series.”

Blogging 98

Blogging Copyright Fair Use Copyright Infringement 98

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. I’m keeping my fingers crossed this anomaly gets fixed somewhere in this litigation. I’ve blogged three yearbook cases so far this year ( Callahan v. Ancestry , Knapke v. Section 230.

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Advertising Advertising Social Media Blogging 111

SpicyIP

JULY 1, 2024

Though this might have been a win-win outcome for both parties, this post seeks to address an important question, which is also the heart of this dispute- Does the use of trademarked/ copyrighted packaging in a critical or informative context constitute an infringement, or is it protected under the doctrines of fair use and freedom of expression?

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Advertising Advertising Copyright Infringement Trademark 105

IPilogue

DECEMBER 20, 2021

However, users’ rights provisions ( fair use in the United States and fair dealing in Canada) may provide a legal basis for fan creations to exist. A fairness assessment may consider relevant factors like commercialization, amount and substantiality of the copied work, and how “transformative” the fan-made work is.

Copyright 122

Copyright Television Copyright Infringement Derivative Work 122

Technology & Marketing Law Blog

FEBRUARY 21, 2025

Further, YouTube disabled access to Season 25 of Skibidi Toilet in response to Next Level’s DCMA Takedown Notice, which caused Invisible Narratives to lose streaming revenue from advertising placement.” New Destiny Church * Reaction Video Protected By Fair UseHosseinzadeh v. Longarzo * Another 512(f) Case FailsHandshoe v.

Copyright 40

Copyright Cease and Desist Fair Use Intellectual Property 40

IP and Legal Filings

MARCH 5, 2024

Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising. Using trademarks in domain names, linking, framing, meta-tagging, and framing are a few methods that could lead to trademark challenges. For trademark owners, litigation was their main option.

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Trademark Social Media Advertising Advertising 98

Patently-O

JULY 19, 2023

It is common for litigation to assert both. The growth of the internet and influencer culture has raised the awareness and importance of publicity rights as the a key transferable with endorsement deals and celebrity advertising. How should we balance free speech, parody, and fair use concerns?

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Privacy Trademark Law Fair Use Trademark 98

IP and Legal Filings

JUNE 12, 2023

Since copying was for the purpose of criticism, it amounted to fair dealing and did not constitute infringement of the copyright. sought an interim injunction against Hindustan Coco-Cola for infringement of their copyright on ‘Yeh Dil Maange More’ which was used by Hindustan Coco-Cola as ‘Kyo Dil Maange No More’ in their advertisement.

Copyright Law 105

Copyright Law Copyright Law Copyright Infringement 105

BYU Copyright Blog

SEPTEMBER 6, 2021

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 Now that the Complaint and Answer have been filed, both parties will proceed forward into litigation.

Copying 52

Copying Fair Use Advertising Advertising 52

Patently-O

DECEMBER 11, 2023

The copyright law implications of AI training are currently being litigated in several different federal copyright infringement actions. Moreover, as we detail below, the best understanding of the application of fair use principles to AI training would hold that the practice is in most if not all instances a fair use.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

Kluwer Copyright Blog

JULY 24, 2024

On the first, substantial litigation has already been launched concerning whether the data used to train these models requires payment or opt-in from creatives whose work has been ingested, often without consent. Two key issues have generated much argument, relating respectively to the inputs to and outputs from large models.

Copyright 135

Copyright Ownership Social Media Licensing 135

43(B)log

OCTOBER 11, 2021

Both sides now claim the other is liable for false advertising, among other claims.” Defendants also allegedly infringed RCI’s trademarks by using photographs of Roberto Coin jewelry and RCI’s logo in Kings Stone’s advertising after RCI terminated the relationship. And yes even borsheims has to be held accountable.”

Marketing 59

Marketing Marketing False Advertising Advertising 59

Kluwer Copyright Blog

APRIL 25, 2023

Let’s Play videos are often monetised, typically through advertising revenue split between the creator of the video and the platform on which the video is hosted. These platforms provide streamers with opportunities for monetisation via platform advertisements, viewer subscriptions and donations.

Copyright 59

Copyright Copyright Infringement Fair Use Intellectual Property 59

IP Tech Blog

NOVEMBER 30, 2022

This ground-breaking decision heralds the expansion of traditional fair use defenses to any trademark infringement claims where a defendant’s conduct relates, in any way, to the broad category of activity considered “expressive” under the First Amendment. VIP Products LLC.

Branding 57

Branding Brands Branding Fair Use 57

The IP Law Blog

MAY 18, 2023

The issue of whether training an AI tool on existing copyright-protected works constitutes infringement or is fair use is currently being litigated in a number of cases. The Fake Drake AI songs were not being used to sell products. California also has a common law right of publicity that’s a bit broader than the statute.

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Music Fair Use Law Copyright 52

Copyright Lately

DECEMBER 28, 2022

The company has brought over 300 cases since 2017, often using copyrighted product images as a technical hook to shut down undesired resellers who advertise its products at below retail prices. But as far as opportunistic legal actions go, NOCO’s copyright claim against Shenzhen Dingjiang Technology Co. Gregorini v. .”

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Copyright Art Licensing Social Media 93

LexBlog IP

MAY 18, 2023

The issue of whether training an AI tool on existing copyright-protected works constitutes infringement or is fair use is currently being litigated in a number of cases. ” The Fake Drake AI songs were not being used to sell products. such products, merchandise, or goods without such person’s prior consent.”

Music 52

Music Fair Use Copyright Copyright Law 52

43(B)log

FEBRUARY 3, 2024

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? False advertising uses v different framework: consider the challenged ad as a whole, including disclaimers and qualifying language. Beer Nuts, Bulls’ Eye v.

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False Advertising Contracts Branding Brands 49

IP and Legal Filings

SEPTEMBER 30, 2022

Trademark infringement without prior consent: As per the initial complaint, filed in a “District Court in New York,” StockX is issuing, advertising, and selling NFTs bearing Nike’s trademarks at high prices without Nike’s approval or authorization. NIKE’S CONTENTION: i.

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Trademark Ownership Branding Brands 52

SpicyIP

AUGUST 4, 2024

It was submitted that the Plaintiff’s platform uses real money and misrepresentation by the defendant could cause harm to the Plaintiff. It was also submitted that the advertisement of the plaintiff including their mark ‘RUMMYCIRCLE’ was changed to show ‘VRUMMY’ by the defendants.

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Social Media Trademark Licensing Music 105

LexBlog IP

MAY 18, 2023

The issue of whether training an AI tool on existing copyright-protected works constitutes infringement or is fair use is currently being litigated in a number of cases. ” The Fake Drake AI songs were not being used to sell products.

Music 40

Music Fair Use Copyright Copyright Law 40

Technology & Marketing Law Blog

DECEMBER 13, 2023

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.

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Blogging Copyright Contracts Cease and Desist 98

43(B)log

FEBRUARY 24, 2024

Can enshrine things like notice & takedown in © law, but that has effects on the ability to assert fair use. We know that automated systems designed to flag infringements get lots of false positives b/c they can’t recognize fair use; may also be false negatives, though that’s not the focus. NYU Press, 2016).

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Fair Use Branding Brands Branding 45

IP Tech Blog

JUNE 8, 2023

Without getting into whether VIP’s use was not, in fact, “commercial,” the Court reasoned that the “ ‘non-commercial use’ exclusion. Fair use, the Court held simply does not apply when using a mark as a designation source for the person’s own goods or services. “In cannot include.

Branding 57

Branding Brands Branding Trademark 57

LexBlog IP

APRIL 13, 2022

Although this case has yet to reach a resolution, it draws attention to the potential for litigation surrounding the copyright rights required to mint NFTs. Grimaldi , [30] which establishes that the use of another’s trademark is not infringing if it is artistically relevant and does not explicitly mislead about its source or content. [31]

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

43(B)log

APRIL 7, 2023

This is a form of stringency and affects incentives for non-divisibility, especially given US statutory damages and injunctions. No balancing required—recognizing fair use is not required for platforms, nor is giving users much procedure. Stringency can thus be non obvious, contested/contestable, and downside risk matters.

Art 45

Art Copyright Settlement Privacy 45

43(B)log

FEBRUARY 24, 2023

New facts: Many doctrinal foundations—comparative advertising, LOC where market structure and expectations of consumer behavior have changed. Rules save resources in a resource-constrained world; Abercrombie can be ok if it’s right most of the time—does it save us time in most cases? If we don’t have surveys, what do we have?

Trademark 49

Trademark Branding Brands Branding 49

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Controversy” [8] : The Litigation. It found that all four fair use factors weighed against fair use. [12]

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Fair Use Derivative Work Art Licensing 97