Blog and Marketing - Intellectual Property Pulse

A Report from the White House’s Inaugural “Creator Economy Conference” (Guest Blog Post)

Technology & Marketing Law Blog

AUGUST 18, 2024

But, I also pointed to the way in which European regulators are once again (hello, GDPR) leading the way in regulating AI, both under the EU AI Act and the Digital Markets Act, disrupting the traditional gatekeepers of digital markets.

Blogging

Blogging Reporting Privacy Branding

After hiQ Labs, Is Scraping Public Data Legal? (Guest Blog Post)

Technology & Marketing Law Blog

MARCH 28, 2023

But when the case returned to the district court after the initial ruling on the temporary restraining order, hiQ’s antitrust arguments were dismissed for failure to properly identify the relevant market in which LinkedIn has a monopoly. The court dismissed the market division argument on the grounds that it was time barred.

Blogging

Blogging Cease and Desist Contracts Marketing

Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. WWE 2K (Guest Blog Post)

Technology & Marketing Law Blog

OCTOBER 6, 2022

Eric’s Prior Tattoo Copyright Blog Posts. WWE 2K (Guest Blog Post) appeared first on Technology & Marketing Law Blog. In short, opportunistic lawsuits brought by a handful of tattooers run the risk of devastating the industry as a whole. An appeal in Alexander v. Take-Two is likely.

Blogging

Blogging Fair Use Copyright Infringement Licensing

Can Government Agencies Ban Scraping?–NAACP v. Kohn (Guest Blog Post)

Technology & Marketing Law Blog

FEBRUARY 6, 2023

Kohn (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Think of this decision as creating an implicit, scalable, automated version of the FOIA request—without having to bother with the trouble of making the request—or dealing with bureaucrats on the other side denying those requests. –NAACP v.

Government

Government Blogging Law Litigation

A 27-Month Check-In on the Copyright Claims Board (CCB) (Guest Blog Post)

Technology & Marketing Law Blog

OCTOBER 24, 2024

Prior Blog Posts on the CCB Understanding the CCB’s First Two Final Determinations (Guest Blog Post–Part 3 of 3) Copyright Claims Board (CCB) Default Notices (Guest Blog Post–Part 2 of 3) Copyright Claims Board (CCB) Opt-Outs – How’s That Going?

Blogging

Blogging Copyright Settlement Reporting

Hot Take on the Wavy Baby Decision (Guest Blog Post)

Technology & Marketing Law Blog

DECEMBER 11, 2023

According to Vans , if a defendant makes an expressive use of a mark, but also trades on the goodwill of the mark to market its own goods, it will be subject to standard trademark analysis; trademark law will prevail over the First Amendment. ” (The Second Circuit provides the following citation for the quote: “ Id.

Blogging

Blogging Trademark Branding Brands

Announcing the Seventh Edition of Advertising & Marketing Law Casebook by Tushnet & Goldman

Technology & Marketing Law Blog

JULY 23, 2024

Rebecca Tushnet and I are pleased to announce the seventh edition of our casebook, Advertising & Marketing Law: Cases & Materials. The post Announcing the Seventh Edition of Advertising & Marketing Law Casebook by Tushnet & Goldman appeared first on Technology & Marketing Law Blog.

Editing

Editing Advertising Advertising Marketing

Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)

Technology & Marketing Law Blog

MAY 13, 2024

The post Elon Musk’s Gifts to Web Scrapers (Guest Blog Post) appeared first on Technology & Marketing Law Blog. But in instances like this, where we have a protective website that’s suing because a wealthy man’s feelings got hurt when the truth was told in a public forum, that should not be actionable under the law.

Blogging

Blogging Contracts Cease and Desist Social Media

Court Says “You May NOT Amend Your TOS by Posting New Terms to Your Site”–International Markets v. Thayer

Technology & Marketing Law Blog

OCTOBER 8, 2022

The most recent court to scowl in the direction of a company that purported to unilaterally update its terms-of-use agreement with little or no notice to users was Int’l Markets Live, Inc. Int’l Markets at 5. Reading the language of Int’l Markets and Dropbox , I think the answer should be no, but I haven’t seen a court say as much.

Marketing

Marketing Marketing Contracts Business

The European Union’s Digital Services Act: In Force from This Saturday, February 17, 2024, Including for U.S. Intermediaries (Guest Blog Post)

Technology & Marketing Law Blog

FEBRUARY 15, 2024

Marketa Trimble [Eric’s introductory note: I briefly addressed the DSA in this blog post , along with the attached meme. intermediaries servicing the EU market, an application that suggests that, as has been the case with the EU General Data Protection Regulation (“GDPR”), some spillover from the EU legislation will be felt in the U.S.

Blogging

Blogging Due Diligence Designs Design

X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)

Technology & Marketing Law Blog

MAY 17, 2024

Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post) appeared first on Technology & Marketing Law Blog. The post X Corp.

Blogging

Blogging Contracts Fair Use Copyright Law

Facebook Drops Anti-Scraping Lawsuit Against Bright Data (Guest Blog Post)

Technology & Marketing Law Blog

FEBRUARY 28, 2024

The post Facebook Drops Anti-Scraping Lawsuit Against Bright Data (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging

Blogging Contracts Litigation Law

Minnesota’s Attempt to Copy California’s Constitutionally Defective Age Appropriate Design Code is an Utter Fail (Guest Blog Post)

Technology & Marketing Law Blog

APRIL 28, 2023

by guest blogger Jess Miers, Legal Advocacy Counsel at Chamber of Progress [Eric’s intro: last year I blogged about Minnesota’s flirtation with mandatory age verification. That proposal died, but it’s a new year and legislatures around the country are back with a bumper crop of proposals to kill the Internet.]

Copying

Copying Designs Design Blogging

Facebook Makes Some Progress Against a Scraper–Meta v. Voyager (Guest Blog Post)

Technology & Marketing Law Blog

JUNE 5, 2024

Voyager (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Going forward, the what, when, where, how, and why of data access and data use will determine who prevails. The post Facebook Makes Some Progress Against a Scraper–Meta v.

Blogging

Blogging Contracts Social Media Technology

Ryanair v. Booking CFAA Trial Ends with Strangest Possible Outcome (Guest Blog Post)

Technology & Marketing Law Blog

AUGUST 2, 2024

But much of this business model is contingent on being able to sell flights directly through Ryanair’s site to control the market for ancillary services, or so their thinking goes. Sometimes, when we blog these technology cases, we act as if the law in California is the law everywhere. Obviously, there is a direct conflict here.

Blogging

Blogging Technology Business Litigation

How Can AI Models Legally Obtain Training Data?–Doe 1 v. GitHub (Guest Blog Post)

Technology & Marketing Law Blog

JUNE 17, 2023

— I’ve only touched on a fraction of the issues in this case, and this blog is already well over 2,000 words. GitHub (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Plaintiffs alleged that Defendants reproduced code as output without attribution, copyright notice, or license terms.

Blogging

Blogging Licensing Privacy Copyright Notice

Two More Cases Compel Arbitration for Dubious Online Contracts (Guest Blog Post)

Technology & Marketing Law Blog

JANUARY 23, 2024

The pre-populated message indicated that Plaintiff was opting into Mizzen and Main’s program and agreed to receive marketing alerts. The post Two More Cases Compel Arbitration for Dubious Online Contracts (Guest Blog Post) appeared first on Technology & Marketing Law Blog. But the fact that some do is appalling.

Contracts

Contracts Blogging Advertising Advertising

Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2)

Technology & Marketing Law Blog

DECEMBER 9, 2022

The post Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2) appeared first on Technology & Marketing Law Blog. [Eric’s closing note: for more on that latter point, see my decade-old thinkpiece on online trespass to chattels.].

Blogging

Blogging Law Contracts Cease and Desist

Game On! Bright Data Scores Major Victory in Web-Scraping Dispute with Meta (Guest Blog Post)

Technology & Marketing Law Blog

JANUARY 25, 2024

Bright Data claims that it was using its Facebook and Instagram accounts for marketing purposes and was never logged in to its accounts when scraping. Bright Data Scores Major Victory in Web-Scraping Dispute with Meta (Guest Blog Post) appeared first on Technology & Marketing Law Blog. The post Game On!

Blogging

Blogging Contracts Cease and Desist Confidentiality

The Ninth Circuit’s Broad (and Wrong) Standards for Conversion–Taylor v. Google (Guest Blog Post)

Technology & Marketing Law Blog

MARCH 14, 2024

Google (Guest Blog Post) appeared first on Technology & Marketing Law Blog. It’s a crazy outcome, and I sure hope that’s not the law. The post The Ninth Circuit’s Broad (and Wrong) Standards for Conversion–Taylor v.

Blogging

Blogging Contracts Law Advertising

Memes as Judicial Opinions–Courthouse News Service v. Forman

Technology & Marketing Law Blog

OCTOBER 18, 2022

The judge used the well-known Spider-Man finger-pointing meme, which I’ve used on the blog before. Walker of the Northern District of Florida, who richly deserves the (slightly belated) crown of the Technology & Marketing Law Blog’s Superhero Opinion Author of the Day. Case Citation : Courthouse News Service v.

Blogging

Blogging Marketing Marketing Technology

There is a Good Reason it’s not called “Artificial Creativity”

Hugh Stephens Blog

JANUARY 7, 2024

Image: Shutterstock There has been lots of ink spilled over the issue of Artificial Intelligence (AI) developers free riding on the backs of creators by copying and ingesting their content without permission to produce AI “created” content, output that sometimes competes directly in the market with the original work.

Copying

Copying Marketing Marketing

Does IP Law Protect Influencers’ Aesthetics?–Gifford v. Sheil (Guest Blog Post)

Technology & Marketing Law Blog

DECEMBER 13, 2024

Influencer marketing has become increasingly central to commerce. Given the meteoric rise of dupe marketing , will content creators suggesting lower-cost alternatives to popular products have to watch their backs too? Sheil (Guest Blog Post) appeared first on Technology & Marketing Law Blog. –Gifford v.

Blogging

Blogging Social Media Law IP

Eleventh Circuit Gives the Slip to the Duct-Taped Banana Copyright Appeel–Morford v. Cattelan

Technology & Marketing Law Blog

AUGUST 19, 2024

Morford claimed that Cattelan presumptively knew about his work because it “was available on his public Facebook page for nearly ten years, was featured in one of his YouTube videos, and was also featured on a blog post.” Cattelan appeared first on Technology & Marketing Law Blog.

Copyright

Copyright Fair Use Copying Blogging

Supreme Court Fixes One Problem with the Copyright Statute of Limitations, But Punts Another — Warner Chappell Music v. Nealy (Guest Blog Post)

Technology & Marketing Law Blog

MAY 15, 2024

In my blog post on the case , I praised the decision and predicted “that the Supreme Court will eventually grant a petition … and render a definitive decision regarding the discovery rule.” Ochoa’s Commentary In my previous blog posts, I advocated in favor of the discovery rule. MGM Domestic Television Distribution, LLC , 39 F.4th

Music

Music Blogging Copyright Ownership

SAVE THE DATE: Internet Law Works-in-Progress Conference, SCU, March 8, 2025

Technology & Marketing Law Blog

APRIL 3, 2024

The post SAVE THE DATE: Internet Law Works-in-Progress Conference, SCU, March 8, 2025 appeared first on Technology & Marketing Law Blog. We’ll circulate a call for participation with more details later this year, but make sure to block off your calendars now. We can’t wait to see you in person!

Law

Law Blogging Marketing Marketing

Tattoo Artist Wins Copyright Claim, But Gets Zero Damages–Alexander v. Take Two

Technology & Marketing Law Blog

SEPTEMBER 29, 2024

Prior blog post. ” Market Effect This factor weighed in favor of the defense. Defense expert James Malackowski also provided unrebutted testimony that a market for licensing tattoos in videogames does not exist and was unlikely to be developed.” Take Two appeared first on Technology & Marketing Law Blog.

Copyright

Copyright Fair Use Licensing Blogging

A First Look at Copyright Claims Board (CCB) Filings

Technology & Marketing Law Blog

JULY 16, 2022

Prior Blog Posts on the CCB. The post A First Look at Copyright Claims Board (CCB) Filings appeared first on Technology & Marketing Law Blog. Several familiar names have already appeared at the CCB, including Sedlik, Barry Rosen, and Higbee. Seeing this mask made me laugh. The Copyright Claims Board Is Opening Next Week.

Copyright

Copyright Artwork Music Blogging

New Essay Comparing “Due Process” Approaches in the DMCA and DSA

Technology & Marketing Law Blog

MARCH 26, 2024

One of the DSA’s standout features is that it imposes due process-like obligations on non-governmental actors, as if there is no meaningful distinction between taxpayer-funded public actors and market-supported private actors. Intermediaries (Guest Blog Post) How Will the Digital Services Act (DSA) Affect the European Internet?

Social Media

Social Media Blogging Government Marketing

Section 230 Helps Substack Defeat a Defamation Claim–Smith v. Substack

Technology & Marketing Law Blog

AUGUST 13, 2024

This case involves the CancelWatch “blog” on Substack, which says: “We report the activists trying to ruin people’s lives and careers.” Smith has not alleged that the blog post was provided to Substack by its author for any other reason than publication. Substack is entitled to immunity. Substack Inc. ,

Blogging

Blogging Publishing Reporting Marketing

Zuckerberg Avoids Personal Liability for Social Media “Addiction”–In re Social Media Addiction

Technology & Marketing Law Blog

APRIL 21, 2024

I never blogged the dual state and federal rulings in the Social Media Addiction cases from last Fall. I couldn’t blog just the state case without discussing the new development, so I planned to modify my blog post on the state court ruling to compare/contrast the federal ruling.

Social Media

Social Media Blogging Litigation Law

The Intersection of Artificial Intelligence and Copyright

Velocity of Content

SEPTEMBER 13, 2023

I invite our Velocity of Content blog readers to check out CCC’s “ Intersection of AI & Copyright ” page. CCC is invested in collaborating with stakeholders to develop market-based licensing solutions as well as solutions that foster high data quality while advocating for responsible policies that respect copyright.

Copyright

Copyright Intellectual Property Licensing Blogging

Will eBook Ruling Impact Fair Use Analysis for Generative AI?

Intellectual Property Law Blog

APRIL 12, 2023

The court found that this was transformative (creating the searchable database) and did not adversely impact the market for books. In fact, the court noted that this likely helps the market by making it easier for people to find relevant books. And the image may impact the market for images.

Fair Use

Fair Use Derivative Work Copying Marketing

Section 230 Protects Emailing an Article–Monge v. University of Pennsylvania

Technology & Marketing Law Blog

MARCH 14, 2023

March 10, 2023) Prior Blog Posts on Email Forwarding and Related Activities Section 230 Protects a User Sharing an Allegedly Defamatory Facebook Event–AH v. University of Pennsylvania appeared first on Technology & Marketing Law Blog. That aspect remains pending with the US Supreme Court. Case citation : Monge v.

Blogging

Blogging Marketing Marketing Technology

Print-on-Demand Service Defeats Fish Illustrator’s Copyright Claim–Tomelleri v. Sunfrog

Technology & Marketing Law Blog

MARCH 6, 2024

Tomelleri (who has appeared on this blog before ) illustrates fishes (see court exhibit on the right). If that rings a bell, it’s because just yesterday I blogged on a DIFFERENT fish painter, DeYoung, who also brought an IP lawsuit against a print-on-demand service (Pixels).

Copyright

Copyright Trademark Law Publishing Copyright Infringement

Angi Can’t Dismiss Lawsuit Over Failed Vendor Authentication–Everyspace v. Encor

Technology & Marketing Law Blog

SEPTEMBER 28, 2024

This is the age-old issue of when a site’s marketing representation is rendered untrue by third-party content. It is also reasonable to infer that because Angi markets its platform as “connecting verified contractors and homeowners,” Angi’s failure to verify Encor’s license contributed materially to the illegality here.

Licensing

Licensing Marketing Marketing Blogging

A 5 Month Check-In on the Copyright Claims Board (CCB)

Technology & Marketing Law Blog

NOVEMBER 22, 2022

Prior Blog Posts on the CCB. The post A 5 Month Check-In on the Copyright Claims Board (CCB) appeared first on Technology & Marketing Law Blog. We believe this shows that understanding the law does not improve the perceived benefits of the CASE Act venue relative to traditional copyright infringement litigation.

Copyright

Copyright Fair Use Settlement Blogging

Lawsuit Over Twitter Suspension Fails Again–Zhang v. Twitter

Technology & Marketing Law Blog

AUGUST 31, 2023

Blog post coverage of that ruling here. Twitter appeared first on Technology & Marketing Law Blog. A Twitter user sued over his account suspension. The court dismissed the case without prejudice. The user tried again. Same result. Section 230. Twitter, Inc. 2023 WL 5493823 (N.D.

Contracts

Contracts Social Media Blogging Publishing

Facebook Defeats Lawsuit Over Allegedly Pornographic Ads–Reaud v. Facebook

Technology & Marketing Law Blog

SEPTEMBER 16, 2024

Facebook appeared first on Technology & Marketing Law Blog. Facebook Inc. 2024 WL 4126066 (N.D. 9, 2024) The post Facebook Defeats Lawsuit Over Allegedly Pornographic Ads–Reaud v.

Advertising

Advertising Advertising Marketing Marketing

Quick Debrief on the Gonzalez v. Google Oral Arguments

Technology & Marketing Law Blog

FEBRUARY 21, 2023

I’m going to crank this blog post out before I get swamped with press requests. Google Oral Arguments appeared first on Technology & Marketing Law Blog. My takeaways: I did not hear 5 votes in favor of the plaintiffs’ position. The post Quick Debrief on the Gonzalez v.

Blogging

Blogging Publishing Marketing Marketing

SHOP SAFE Act Reintroduced, Because Some Congressmembers Really Want to Kill Online Marketplaces

Technology & Marketing Law Blog

SEPTEMBER 29, 2023

I gave the following comments to reporters: __ For the reasons I described in my blog, the SHOP SAFE Act is a marketplace-killer. The post SHOP SAFE Act Reintroduced, Because Some Congressmembers Really Want to Kill Online Marketplaces appeared first on Technology & Marketing Law Blog. As a result, it remains terrible.

Blogging

Blogging Trademark Designs Design

Call for Participation: WIPIP, Santa Clara, Feb. 2-3, 2024

Technology & Marketing Law Blog

OCTOBER 23, 2023

2-3, 2024 appeared first on Technology & Marketing Law Blog. Goldman at egoldman@gmail.com. For more information about the WIPIP series, see [link]. The post Call for Participation: WIPIP, Santa Clara, Feb.

Intellectual Property

Intellectual Property Registration Blogging Law

Can Tattoos Infringe Copyrights, and If So, What Happens Then?–Sedlik v. Kat Von D

Technology & Marketing Law Blog

JUNE 2, 2022

Market Effect. Prior Tattoo Copyright Blog Posts. Kat Von D appeared first on Technology & Marketing Law Blog. 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? Case Citation : Sedlik v.

Copyright

Copyright Social Media Fair Use Licensing

Videogame Maker Has Implied License to Depict Copyrighted Tattoos–Hayden v. 2K

Technology & Marketing Law Blog

APRIL 22, 2024

Ohio April 19, 2024) Prior Tattoo Copyright Blog Posts This Blog Has Jumped the Shark: I’m Covering a Copyright Opinion About a Tattoo of Tiger King’s Joe Exotic–Cramer v. 2K appeared first on Technology & Marketing Law Blog. Case citation : Hayden v. 2K Games, Inc. , 1:17-cv-02635-CAB (N.D.

Licensing

Licensing Copyright Blogging Fair Use

A Report from the White House’s Inaugural “Creator Economy Conference” (Guest Blog Post)

After hiQ Labs, Is Scraping Public Data Legal? (Guest Blog Post)

Trending Sources

Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. WWE 2K (Guest Blog Post)

Can Government Agencies Ban Scraping?–NAACP v. Kohn (Guest Blog Post)

A 27-Month Check-In on the Copyright Claims Board (CCB) (Guest Blog Post)

Hot Take on the Wavy Baby Decision (Guest Blog Post)

Announcing the Seventh Edition of Advertising & Marketing Law Casebook by Tushnet & Goldman

Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)

Court Says “You May NOT Amend Your TOS by Posting New Terms to Your Site”–International Markets v. Thayer

The European Union’s Digital Services Act: In Force from This Saturday, February 17, 2024, Including for U.S. Intermediaries (Guest Blog Post)

X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)

Facebook Drops Anti-Scraping Lawsuit Against Bright Data (Guest Blog Post)

Minnesota’s Attempt to Copy California’s Constitutionally Defective Age Appropriate Design Code is an Utter Fail (Guest Blog Post)

Facebook Makes Some Progress Against a Scraper–Meta v. Voyager (Guest Blog Post)

Ryanair v. Booking CFAA Trial Ends with Strangest Possible Outcome (Guest Blog Post)

How Can AI Models Legally Obtain Training Data?–Doe 1 v. GitHub (Guest Blog Post)

Two More Cases Compel Arbitration for Dubious Online Contracts (Guest Blog Post)

Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2)

Game On! Bright Data Scores Major Victory in Web-Scraping Dispute with Meta (Guest Blog Post)

The Ninth Circuit’s Broad (and Wrong) Standards for Conversion–Taylor v. Google (Guest Blog Post)

Memes as Judicial Opinions–Courthouse News Service v. Forman

There is a Good Reason it’s not called “Artificial Creativity”

Does IP Law Protect Influencers’ Aesthetics?–Gifford v. Sheil (Guest Blog Post)

Eleventh Circuit Gives the Slip to the Duct-Taped Banana Copyright Appeel–Morford v. Cattelan

Supreme Court Fixes One Problem with the Copyright Statute of Limitations, But Punts Another — Warner Chappell Music v. Nealy (Guest Blog Post)

SAVE THE DATE: Internet Law Works-in-Progress Conference, SCU, March 8, 2025

Tattoo Artist Wins Copyright Claim, But Gets Zero Damages–Alexander v. Take Two

A First Look at Copyright Claims Board (CCB) Filings

New Essay Comparing “Due Process” Approaches in the DMCA and DSA

Section 230 Helps Substack Defeat a Defamation Claim–Smith v. Substack

Zuckerberg Avoids Personal Liability for Social Media “Addiction”–In re Social Media Addiction

The Intersection of Artificial Intelligence and Copyright

Will eBook Ruling Impact Fair Use Analysis for Generative AI?

Section 230 Protects Emailing an Article–Monge v. University of Pennsylvania

Print-on-Demand Service Defeats Fish Illustrator’s Copyright Claim–Tomelleri v. Sunfrog

Angi Can’t Dismiss Lawsuit Over Failed Vendor Authentication–Everyspace v. Encor

A 5 Month Check-In on the Copyright Claims Board (CCB)

Lawsuit Over Twitter Suspension Fails Again–Zhang v. Twitter

Facebook Defeats Lawsuit Over Allegedly Pornographic Ads–Reaud v. Facebook

Quick Debrief on the Gonzalez v. Google Oral Arguments

SHOP SAFE Act Reintroduced, Because Some Congressmembers Really Want to Kill Online Marketplaces

Call for Participation: WIPIP, Santa Clara, Feb. 2-3, 2024

Can Tattoos Infringe Copyrights, and If So, What Happens Then?–Sedlik v. Kat Von D

Videogame Maker Has Implied License to Depict Copyrighted Tattoos–Hayden v. 2K

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