IP and Legal Filings

JULY 24, 2023

Introduction Shutterstock is a global provider of licensed images, videos, audio and editing tools, that has revolutionized the way visual content can be accessed and used. Content creators contribute their work to the platform, making it available for licensing, while end users can easily browse, license and utilize them.

Licensing 98

Licensing Advertising Advertising Copying 98

Technology & Marketing Law Blog

JULY 16, 2021

Advertising/E-Commerce. While such social media posts may not have the indicia of a traditional advertisement, there can belittle doubt that these paid posts are in fact advertisements… Today, consumers face waves of advertisements amid a sea of product choices. Ariix, LLC v. NutriSearch Corp.,

Advertising 122

Advertising Advertising Contracts Social Media 122

Plagiarism Today

JANUARY 9, 2023

Since the year 2000, much of what makes up the core of Dungeons & Dragons has been easily licensed for others to use. That’s because the Wizards of the Coast (WotC), the rightsholders, licensed the System Resource Document under the Open Gaming License (OGL). Though WotC has dabbled with other open licenses, OGL 1.0

Licensing 262

Licensing Publishing Reporting Plagiarism 262

Plagiarism Today

OCTOBER 20, 2021

1: Pizza Companies Sued for Copyright Infringement of Advertising Photo. According to the lawsuit, the two companies used the photograph “ColdCutAsst040” on their websites despite not having a license to do so. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Copyright Infringement 246

Copyright Infringement Licensing Plagiarism Editing 246

IPilogue

JULY 15, 2021

Then, in May 2021, the fashion brand Rag & Bone advertised a new, officially-licensed Cruella -inspired collection—without Beavan’s knowledge or attribution. In 2020, a licensed Harley Quinn-inspired Birds of Prey collection by Her Universe did not involve the film’s costume designer, Erin Benach.

Licensing 105

Licensing Contracts Design Designs 105

43(B)log

NOVEMBER 23, 2022

In summer 2020, AHBP began negotiating with the Lynd defendants for the exclusive license to market and sell a surface disinfectant/cleaner known as “Bioprotect 500” in Argentina. Lynd advertised the Product as effective against the coronavirus. the Lanham Act false advertising claim survived.

False Advertising 99

False Advertising Advertising Advertising Business 99

Plagiarism Today

NOVEMBER 9, 2022

However, publishing companies had been continuing to collect royalties on behalf of songwriters even after the rights were reclaimed due to the law saying that publishers can continue licensing any existing derivative works. They further claim that Ye reached out to them for a licensing agreement, though no deal was ever struck.

Derivative Work 242

Derivative Work Licensing Copyright Plagiarism 242

43(B)log

MARCH 21, 2024

15, 2024) This putative class action alleged that Amazon overcharged and “[d]eceived consumers by misrepresenting that it was selling them Digital Content when, in fact, it was really only licensing it to them[.]” The court disagreed: there’s a plausible difference in value between owning outright versus purchasing a revocable license.

Licensing 114

Licensing Contracts Ownership Litigation 114

Traverse Legal Blog

APRIL 17, 2021

Copyright Licensing of Digital Assets Attached to NFT Sales. Bonus: Free Open Source Copyright License for NFT sales below]. What are the terms by which you are selling the NFT and licensing your work, the art you put into the platform that’s going to be attached to the NFT? NFT Copyright Licensing.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

Plagiarism Today

FEBRUARY 23, 2022

The lawsuit claims that the song is a valuable licensing asset and notes that it has appeared in several films, TV shows and advertisements. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License. 3: US Adds AliExpress and WeChat to Online Fraud and Piracy List.

Copyright 246

Copyright Copyright Infringement Licensing Marketing 246

Plagiarism Today

OCTOBER 3, 2022

While the damage amounts are relatively small, Alexander says that she hopes this will create a new norm of licensing tattoos for use in movies and video games. The new agency has worked to tackle piracy by reducing the appearance of such resources in search engines and targeting advertising on such sites.

Licensing 245

Licensing Copyright Fair Use Plagiarism 245

Plagiarism Today

NOVEMBER 7, 2022

In addition to WWDC footage, the channel had archived advertisements, internal training videos and more. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License. The channel was operated by Brendan Shanks, who had uploaded a series of WWDC videos going back to the early 2000s.

Music 246

Music Copyright Notice Reporting Plagiarism 246

Plagiarism Today

MAY 4, 2022

However, 18 months ago, the site removed all advertising and sought to keep itself afloat with donations. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License. Finally today, Andy Maxwell at Torrentfreak writes that the popular anime pirate site AnimeKisa.tv

Copyright Notice 246

Copyright Notice Plagiarism Licensing Privacy 246

Technology & Marketing Law Blog

APRIL 22, 2024

The jury needed only 90 minutes to determine that the defendants had proven their implied license defense, ending the case. Due to the fact-specific nature of doctrines like implied licenses and fair use, it’s possible the Hayden and Orton jury verdicts are consistent with each other. Warner Bros.

Licensing 98

Licensing Copyright Blogging Fair Use 98

JD Supra Law

SEPTEMBER 13, 2024

Benjamin, managing partner of the New York office and chair of Kilpatrick’s Advertising and Marketing group, was honored to present on September 13 at the New York City Bar Association’s continuing legal education program, Intellectual Property Licensing 101.

Intellectual Property 70

Intellectual Property Licensing Advertising Advertising 70

Plagiarism Today

MAY 23, 2022

Next up today, The South China Morning Post reports that Audi and their advertising agency M&C Saatchi have apologized for a video campaign that featured Hong Kong actor and musician Andy Lau Tak-wah, saying that the video was a copyright infringement. The post 3 Count: Bright House appeared first on Plagiarism Today.

Plagiarism 246

Plagiarism Copyright Infringement Music Copyright 246

Plagiarism Today

AUGUST 10, 2022

Under the system, rightsholders, advertisers and technology partners will work together to block access to pirate websites, ideally within 48 hours (if it follows Portugal’s system). The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Cinema 246

Cinema Copyright Infringement Plagiarism Licensing 246

43(B)log

SEPTEMBER 28, 2021

14, 2021) Dawgs alleged that Crocs falsely marketed its shoes in violation of the Lanham Act by advertising Croslite, the foam material that Crocs shoes are made from, as “patented,” “proprietary,” and “exclusive.” Effervescent, Inc., 2021 WL 4170997, No. 06-cv-00605-PAB-KMT, No. 16-cv-02004-PAB-KMT (D.

False Advertising 83

False Advertising Advertising Advertising Invention 83

Kashishipr

JUNE 9, 2021

With the onset of the trend wherein users are gradually switching to online streaming to meet their music needs and discarding traditional methods such as radio, television, and music CDs, compulsory licensing for the internet was recognized as a key policy issue by the music industry last year. Background. The Plaintiff, Tips Industries Ltd.,

Music 98

Music Licensing Television Copyright Infringement 98

Plagiarism Today

OCTOBER 26, 2021

If the costume isn’t licensed, why is it not infringing regardless of the name change? In short, Juice Demon is Juice Demon because he can’t be Beetlejuice, not without a license. It’s honestly remarkable that there haven’t been more legal issues in this space, especially considering the lucrative market for licensed costumes.

Trademark 279

Trademark Copyright Cease and Desist Copying 279

43(B)log

APRIL 18, 2023

ZimVie intervened and counterclaimed for declaratory judgment of invalidity, cancellation fo the color marks registration, declaratory judgment of noninfringement, false advertising under the Lanham Act and California law, and tortious interference. ZimVie responded that the commercial speech exception applied.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

43(B)log

APRIL 29, 2024

The Cube file was provided under a Creative Commons, non-commercial, no derivatives license. It advertised “This device was one of the most popular items on a popular 3D printing website with over 20,000 unique downloads” on its website, at a time when Leszczynski’s Thingiverse page displayed that his Cube had been downloaded 20,000 times.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

TorrentFreak

DECEMBER 23, 2024

Believed to be the most significant award ever handed down in a Spanish case of its kind, the figure is said to represent how much it would’ve cost to obtain a license to show the content legally. With the commercial entity and its owner confirmed liable, on Friday the Court ordered Puerto 80 and owner Seoane to pay Mediapro 31.6

Reporting 103

Reporting Intellectual Property Business Advertising 103

43(B)log

FEBRUARY 17, 2022

Was this commercial advertising or promotion? Elysium argued that the website as a whole was a referral website for Tru Niagen, which advertised Tru Niagen at the top of every page. Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex. You can find out more here: [link]. for the control.”

Advertising 80

Advertising Advertising False Advertising Marketing 80

43(B)log

FEBRUARY 3, 2025

30, 2025) This is a ruling on 19 motions to exclude expert testimony in this case, which is mostly an antitrust case; I will focus only on some false advertising-relevant rulings. brewer works only with Keurig brand or licensed pods) but some did not (e.g., I prefer the taste of Keurig or Keurig-licensed brands.).

False Advertising 52

False Advertising Advertising Advertising Licensing 52

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 removed its “Made in USA” advertising in the first 8 months of 2022, and its on-line sales increased during that time period. There’s more, including public disputes on Craigslist.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

Intellectual Property Law Blog

MAY 2, 2023

New creations implicate IP issues, including the protection of what is created, potential infringement of preexisting IP, and ownership and licensing issues of the output. How must the compliance obligations of open source licenses be met in this context and by whom (developer or user)? Both the U.S. Copyright Office and the U.S.

Government 237

Government Business Licensing Technology 237

IP Law 360

OCTOBER 8, 2024

The foundation established by the actor Paul Newman cannot license his publicity and intellectual property rights to any university or other nonprofit, studio or publisher or any luxury brand for advertising, a Connecticut state court judge has said, responding to a request to clarify a preliminary injunction she issued.

Licensing 52

Licensing Intellectual Property Advertising Advertising 52

SpicyIP

AUGUST 2, 2024

These various brands have posted laudatory posts congratulating her for this achievement, while at the same time utilizing her image and Olympic win for their own commercial own use by using it in the form of an advertisement. Now the pertinent question becomes whether the advertisements in question are prohibited under the law.

Branding 105

Branding Brands Branding Personality Rights 105

IP Law 360

NOVEMBER 8, 2022

Stroller and car seat maker Evenflo used a "sound-alike" song in an advertisement to get around paying licensing fees, a music publisher said in a suit filed Monday.

Music 98

Music Advertising Advertising Licensing 98

43(B)log

OCTOBER 18, 2024

Defendants allegedly copied key components of Trackman’s copyrighted software and falsely suggested, in promotions and advertisements, that defendants were authorized to use the well-known courses in their game. Although the court dismissed a contract claim, copyright and false advertising claims survived. What about Dastar ?

False Advertising 52

False Advertising Contracts Advertising Advertising 52

Technology & Marketing Law Blog

JUNE 2, 2022

” However, Sedlik “believed he licensed the Portrait for use in the making of a tattoo, and that he has been approached several times by tattooists or their clients to request a license to use the Portrait in a tattoo and that he may have rejected at least some of their requests if he did not approve of the quality of their work.”

Copyright 145

Copyright Social Media Fair Use Licensing 145

Dragons' Den

JANUARY 18, 2024

I went from working in a top advertising agency, with a busy social life and exercising regularly to being mostly house bound and unable to walk for more than 5 minutes without having to get back into bed. IP can be ‘licensed-out’ or ‘licensed-in’. You can ‘license-out’ to another company in return for a fee.

Blogging 141

Blogging IP Licensing Business 141

TorrentFreak

JANUARY 15, 2023

After becoming the official sponsor of the Afghan cricket team during Asia Cup 2022, PikaShow was able to advertise its pirate streaming app via legal TV broadcasts watched by millions of people. Through its team sponsorship deal, PikaShow was able to advertise its pirate services on Star India’s official TV broadcasts of Asia Cup 2022.

Advertising 143

Advertising Advertising Reporting Copyright 143

TorrentFreak

NOVEMBER 24, 2024

Advertising still promised the earth, but instead of receiving nothing for their money, subscribers were given access to obscure and unpopular content; a far cry from the blockbusters promised but a veneer of legitimacy for dubious operators. .” By 2021, the business model had evolved.

Reporting 111

Reporting Business Music Advertising 111

The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. For example, the owners of the famous “ Grumpy Cat ” meme licensed the use of the name, image and likeness of the cat – and successfully enforced these rights.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

43(B)log

FEBRUARY 26, 2024

Defendants who had federal firearms licenses had access to, but did not use, the National Instant Criminal Background Check System before selling unfinished frames and receivers to New York consumers, while some defendants weren’t licensed to sell firearms at all. It was not. NO Registering. No Transfer fees. Ships right to your door.”

False Advertising 59

False Advertising Advertising Advertising Marketing 59