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 106

Blogging Trademark Fair Use Trademark Law 106

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 95

Advertising Advertising Social Media Blogging 95

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 116

Registration Fair Use Copyright Designs 116

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 100

Fair Use Litigation Marketing Marketing 100

IP Tech Blog

MARCH 18, 2022

NFTs are unique tokens based on blockchain technology and used as digital assets. NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Brand owners have already begun to catch up.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

SpicyIP

DECEMBER 20, 2023

Notably, Monsanto’s matter had several layers including the State Governments seeking to regulate IP licensing fees, and the Indian seed companies who previously licensed technology from Monsanto, refusing to pay royalties to Monsanto. To get an overall picture, see Prashant’s post “ The Rs. see also Sourav Ganguly vs Tata Tea ).

Personality Rights 59

Personality Rights IP Licensing Copyright 59

LexBlog IP

MARCH 18, 2022

NFTs are unique tokens based on blockchain technology and used as digital assets. NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Brand owners have already begun to catch up.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

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. Information Technology Act,2000.

Copyright Law 72

Copyright Law Copyright Law Copyright Infringement 72

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 59

Fair Use Contracts Litigation Copying 59

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. But what about platforms?

Copyright 69

Copyright Business Branding Brands 69

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.” Instead, it just reflects consumer engagement with the product… * Soter Technologies, LLC v. 2021 WL 1163117 (E.D.N.Y.

IP 85

IP Social Media Fair Use Branding 85

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.

Copyright 83

Copyright Art Licensing Social Media 83

SpicyIP

NOVEMBER 19, 2023

The course is supported by Texas A&M University School of Law and will be delivered in-person at the Centre for Technology and Law, Dhirubhai Ambani Institute of Information and Communication Technology (DA-IICT), Gandhinagar. Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Vol.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

43(B)log

JULY 21, 2023

but also narrows the issues somewhat; the larger infringement, cybersquatting, and false advertising claims can’t be resolved on summary judgment. Even if they were generic uses, two articles and one opinion weren’t sufficient to overcome the “strong presumption” of validity of a registered mark. But is it a nominative fair use?

False Advertising 52

False Advertising Advertising Advertising Social Media 52

IIPRD

JANUARY 18, 2022

Recently, a new trend of merging of blockchain technology with creative intellectual property via non-fungible tokens (“NFTs”) had taken place. Without a doubt, the raging fires of NFTs have sparked a burning yearning in the fashion sector for blockchain technology. Introduction. What are NFTs?

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

Copyright Lately

OCTOBER 25, 2021

The judge rejected BMG’s fair use defense, holding that the defendants took more elements from the “Nightmare on Elm” street films than they needed to accomplish any parodic purpose. affirmed the district court’s grant of summary judgment for the advertisers. McDonald’s Corp. Happy Halloween!

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

SpicyIP

DECEMBER 30, 2023

Impleading the Department of Telecommunications/ Ministry of Electronics and Information Technology, the Court directed them to issue blocking orders against the impugned links. Intex Technologies (India) Ltd. Microsoft Technology Licensing v. Nokia Technologies v. Bolt Technology v.

IP 124

IP Copyright Trademark Intellectual Property 124

Kluwer Copyright Blog

JUNE 26, 2024

are the background lyrics of the latest Google advertisement about the future of online search. courts indicate, one of the crucial issues is whether online content and information, often behind paywalls or otherwise protected by IP, can be used to train large language models (LLMs) and whether AI companies can rely on the fair use doctrine.

Copyright 102

Copyright Content Creation Fair Use Technology 102

IP and Legal Filings

SEPTEMBER 30, 2022

In addition to supporting gaming and social media, the Metaverse combines sectors of the economy, digital identity, decentralized democratic accountability, and other applications. The Metaverse comprises various technologies, each with its own IPR implications. Image source:Gettyimage]. NIKE’S CONTENTION: i.

Trademark 52

Trademark Ownership Branding Brands 52

Technology & Marketing Law Blog

JUNE 21, 2023

As Professor Farley and I discuss in Part II of our paper, several circuits require a commercial use of the mark for infringement (or an exception for noncommercial speech) and dismiss lawsuits without applying all of the likelihood of confusion factors if the unauthorized use of the mark is not commercial speech. Redbubble, Inc. ,

Trademark 102

Trademark Blogging Trademark Law Fair Use 102

43(B)log

OCTOBER 4, 2021

For about a decade, courts had realized that IIC had gone way too far, and had expanded liability in ways that didn’t protect consumers and facilitated anticompetitive claims about false advertising. The court or appeals also commented that relying on IIC might change the available damages and relief—but how exactly?

IP 94

IP Trademark Advertising Advertising 94

Technology & Marketing Law Blog

JANUARY 24, 2023

On the heels of the mandatory editorial transparency provisions in Florida and Texas’ social media censorship laws, the California legislature thought it could one-up those states by passing a law with at least 161 different disclosure requirements. The opinion upheld every aspect of Texas’ social media censorship law.

Law 117

Law Social Media Government Privacy 117