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 89

Fair Use Social Media Licensing Marketing 89

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

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 79

Copyright Fair Use Social Media Artwork 79

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. Cybersquatting is another type of trademark infringement.

Trademark 90

Trademark Social Media Advertising Advertising 90

Technology & Marketing Law Blog

JUNE 2, 2022

She tattooed the Sedlik photo onto Farmer and promoted the tattoo on social media. 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.

Copyright 143

Copyright Social Media Fair Use Licensing 143

IP and Legal Filings

FEBRUARY 15, 2023

It has opened wide range of facilities for us like entertainment, education, advertisements, communication etc. However, it is not so and such use will be unauthorized unless and until the permission of the owner has been taken, or he has been referenced or if the information has been made available by the government.

Copyright Law 93

Copyright Law Copyright Law Social Media 93

43(B)log

MAY 19, 2023

WowWee’s Vice President of Brand Development & Creative Strategy, Sydney Wiseman, used her WowWee email address to create a Roblox user account and used her Roblox account to promote My Avastars dolls on social media, including videos on her TikTok account.

Copying 94

Copying False Advertising Social Media Advertising 94

43(B)log

MARCH 14, 2024

But with nominative fair use, courts engage in more unfair competition/normative reasoning. When a court finds that a use went beyond identifying to suggesting a connection, it often doesn’t use any of the factors that empirically we might use to figure out if that was true.

Advertising 67

Advertising Advertising Music Fair Use 67

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

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). How Fair Use Helps Bloggers Publish Their Research , Association of Research Libraries blog, Feb. Blog Posts.

Editing 90

Editing Social Media Blogging Advertising 90

TorrentFreak

APRIL 7, 2024

Errors and Nuance Upload filters are not perfect and generally lack ability to factor-in the nuances of copyright law, such as fair use. This means that platforms that use this service may want to build extra safeguards against overblocking, including fair use.

Copying 93

Copying Copyright Infringement Fair Use Social Media 93

Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. 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

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

43(B)log

MAY 2, 2022

28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, false advertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and false advertising. Until 2017, it also used the hashtag #WGACACHANEL in its social media posts.

False Advertising 57

False Advertising Advertising Advertising Social Media 57

Copyright Lately

SEPTEMBER 12, 2022

In the alternative, Vila asserted that his reproduction of Deadly Doll’s copyrighted work in connection with the photograph of Shayk was protected by the fair use doctrine. To be safe, the seller should make sure to take its own photos of the product, as opposed to using images owned by the manufacturer.) 17 U.S.C. §

Copyright 96

Copyright Derivative Work Artwork Fair Use 96

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 104

Blogging Trademark Fair Use Trademark Law 104

Technology & Marketing Law Blog

DECEMBER 11, 2021

As another example, when the search results provide the records associated with Mr. Abraham, “adjacent to the list of records containing [his] name, photograph, and likeness” is an advertisement promoting the subscription membership. Section 230. ” (Tautology alert). FWIW, I raised this issue as a possible paper topic in 2008.

Advertising 92

Advertising Advertising Social Media Blogging 92

43(B)log

MAY 22, 2023

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. Several had appeared in magazines, advertising campaigns, television episodes, and films. Exotic Island Enters.,

False Advertising 48

False Advertising Social Media Advertising Advertising 48

43(B)log

JUNE 26, 2023

On Patrol: Live used the same two hosts and also features Curtis Wilson, who previously featured as a contributor on Live PD. REELZ allegedly told advertisers that the “working title” of the show was “PD Live,” and went so far as to announce that “REELZ ADDS #1 TV SHOW TO OUR PROGRAMS LINEUP” with “ALL NEW LIVE EPISODES.” I’m confused.

Social Media 57

Social Media Copying Fair Use Advertising 57

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.

False Advertising 48

False Advertising Contracts Branding Brands 48

LexBlog IP

JUNE 28, 2022

Court of Appeals found Vanna White could seek damages from Samsung for an advertisement involving a futuristic female robot turning the letters on a game show board. [3] Ordinary persons captured in videos that later go viral on social media often find their likeness plastered onto commercial products. ” [4].

Advertising 52

Advertising Advertising Social Media Licensing 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

The court also credits the self-serving claim by the successor licensee that it considered fair use by comparing the works and evaluating if the works were being sold commercially or for other purposes. Paul Rudolph Heritage Foundation, 2021 WL 4482608 (S.D.N.Y. Benjamin. * How Have Section 512(f) Cases Fared Since 2017?

Registration 113

Registration Fair Use Copyright Designs 113

Technology & Marketing Law Blog

MARCH 3, 2022

The school moved to dismiss on fair use grounds, and the district court granted the motion and awarded attorneys’ fees to the school. (I Bell appealed to the Fifth Circuit, which easily affirms the fair use dismissal and attorneys’ fees. Nature of the Use. ” Bell sued anyways. Nature of the Work.

Fair Use 97

Fair Use Litigation Marketing Marketing 97

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).

Fair Use 44

Fair Use Branding Brands Branding 44

Copyright Lately

MAY 1, 2023

She would create a dataset of sound files consisting of Drake acapella vocals (stripped from the music tracks using a vocal separator) and run the data through software used to train the voice model. Hit me up in the comments below or on social media @copyrightlately. At least until the computers start touring, that is.

Music 84

Music Copyright Copying Copyright Law 84

IP Tech Blog

MARCH 18, 2022

In addition to alleging trademark infringement due to Rothschild’s use of BIRKIN in METABIRKINS as the name for his NFT collection, Hermès complained that Rothschild infringed by using METABIRKINS as a domain name, as a handle on Twitter and other social media platforms, as a brand name on NFT sales platforms, and as a hashtag.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

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. A: History differs a lot—US foundation for ROP was set much earlier.

Fair Use 57

Fair Use Contracts Litigation Copying 57

SpicyIP

DECEMBER 20, 2023

In 2014, the Bombay High Court restrained the singer Mika Singh and the recording label OCP Music from publishing an advertisement that impinged Sonu’s personality rights. Around a decade ago, Google was caught in some similar controversy over its Google Books Library Project where its use was held permissible under fair use.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

LexBlog IP

MARCH 18, 2022

In addition to alleging trademark infringement due to Rothschild’s use of BIRKIN in METABIRKINS as the name for his NFT collection, Hermès complained that Rothschild infringed by using METABIRKINS as a domain name, as a handle on Twitter and other social media platforms, as a brand name on NFT sales platforms, and as a hashtag.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

JIPL Online

APRIL 9, 2021

On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. Put differently, is it fair for corporations to have their cake and eat it too?

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

43(B)log

FEBRUARY 18, 2022

Traditional advertising can change firsthand consumer impressions, both pre and post experience—telling consumers coffee isn’t bitter makes their impressions of bitterness change, etc. Expensive to show it by surveys; most show it by circumstantial evidence of advertising and sales.

Copyright 67

Copyright Business Branding Brands 67

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, 2021

The Counterclaim alleges that Kid Car purchased “KIDMOTO” as keyword on Google and that by using ‘kid car’ in the resulting advertisement there is a likelihood of consumer confusion.” The court holds that the school district qualified for fair use and ordered the plaintiff to pay attorneys’ fees.

IP 85

IP Social Media Fair Use Branding 85

TorrentFreak

DECEMBER 7, 2023

Social media platform Facebook also reports huge numbers of takedowns to the EC. Other reasons for content deletion unrelated to copyright, and in some cases seemingly more complicated to determine via automated means, were in abundant supply. Those listed below represent just a small sample.

Business 100

Business Reporting Social Media Copyright 100

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. Let me know your thoughts in the comments below or on your favorite social media platform @copyright lately.

Copyright 83

Copyright Art Licensing Social Media 83

LexBlog IP

APRIL 13, 2022

26] The defendants denied many of the allegations in the complaint, and asserted several affirmative defenses, including that the NFTs fell under the fair use exception to the Copyright Act. [27] by other innovators that also use NFTs to track title to physical goods held in a vault, such as fine art, whiskey, and wine.” [43].

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

SpicyIP

NOVEMBER 19, 2023

vs Acko General Insurance on 10 November, 2023 (Delhi High Court) The dispute pertains to the use of the plaintiff’s artistic work “Humanity” by the defendant in one of its advertisement hoardings. The defendant argued that since the plaintiff’s work was exhibited in public its reproduction will fall under the ambit of fair use.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59