Blogging and Marketing - Intellectual Property Pulse

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

Dragons' Den IP Blog - Series 22 Episode 5

Dragons' Den

FEBRUARY 6, 2025

Touker Suleyman makes a sound observation: once the market has been established, overseas manufacturers may undercut to compete for sales. Kelsang responds that the market for the product is yet to be properly established. They claim this would be through marketing and education. Could Chakow be the pioneers?

Blogging

Blogging IP Business Branding

Dragons' Den IP Blog - Series 22 Episode 6

Dragons' Den

FEBRUARY 13, 2025

Comparisons are drawn in the Den between the booming water bottle market and the potential that Gilley could have to be the next Stanley cup or Yeti bottle. If you enjoyed todays episode, why not subscribe to our Dragons Den IPO blog?

Blogging

Blogging IP Intellectual Property Designs

Dragons’ Den IP Blog- Series 22 Episode 2

Dragons' Den

JANUARY 16, 2025

The boys were looking for 90,000 in return for a 5% stake in Doughboys Group Limited, a frozen pizza brand disrupting the market with its tasty Italian sourdough pizzas, designed to add some flavour to the wholesale market. You can read more about it in our blog.

Blogging

Blogging IP Business Branding

Blog: Sole Wars: Nike vs. The Shoe Surgeon

Nelligan Law

JANUARY 27, 2025

Buyers of these high-end custom sneakers, often passionate sneakerheads, are well aware that these pieces are bespoke and distinct from mass-market offerings. The post Blog: Sole Wars: Nike vs. The Shoe Surgeon appeared first on Nelligan Law. The question of consumer confusion takes center stage in this case.

Blogging

Blogging Intellectual Property Designs Design

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

Copyright Claims Board (CCB) Opt-Outs – How’s That Going? (Guest Blog Post–Part 1 of 3)

Technology & Marketing Law Blog

MARCH 22, 2023

Prior Blog Posts on the CCB A 5 Month Check-In on the Copyright Claims Board (CCB) A 3 Month Check-In on the Copyright Claims Board (CCB) A First Look at Copyright Claims Board (CCB) Filings The Copyright Claims Board Is Opening Next Week. Guest Blog Post–Part 1 of 3) appeared first on Technology & Marketing Law Blog.

Blogging

Blogging Copyright Music Art

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

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 Branding

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

Copyright Owners Are Still Suing Over Embedding

Technology & Marketing Law Blog

JANUARY 18, 2025

” Market effect: “Townsquare’s article reporting on the original Jordan video similarly contained that original video as part of an embedded post from X, including additional text and images from the X post, and there is thus little to no risk of market usurpation.”

Copyright

Copyright Social Media Licensing Fair Use

The CFAA “Gates-Up-or-Down” Metaphor Is Baffling Courts–ACI v. Conservice (Guest Blog Post)

Technology & Marketing Law Blog

MARCH 14, 2022

Conservice (Guest Blog Post) appeared first on Technology & Marketing Law Blog. So I don’t even know if gates “up” is a good or a bad thing for defendants. Such an unhelpful metaphor.]. The post The CFAA “Gates-Up-or-Down” Metaphor Is Baffling Courts–ACI v.

Blogging

Blogging Technology Government Designs

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

ZEO v/s EZIO: Trademark Lessons on Passing Off and the Use of House Marks

SpicyIP

FEBRUARY 4, 2025

Mahindra, Tanishka Goswami analyzes the Court’s findings on the importance of house marks in infringement assessment, and the nature of the relevant market. Explaining the recent Delhi High Court decision in Gensol v. Tanishka is an advocate at the High Court of MP. Her previous posts can be found here. 3000 crores.

Trademark

Trademark Marketing Marketing Trademark Law

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

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

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 Social Media Contracts 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

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

CA Anti-SLAPP Law Applies to #MeToo Instagram Post–Nelson v. Bridgers

Technology & Marketing Law Blog

NOVEMBER 1, 2024

Bridgers appeared first on Technology & Marketing Law Blog. Giannella “Shitty Media Men” List Operator Doesn’t Qualify for Section 230 (Yet)–Elliott v. Donegan The post CA Anti-SLAPP Law Applies to #MeToo Instagram Post–Nelson v.

Law

Law Music Business Blogging

Livehd7 Sports Piracy Network Shut Down By ACE, But Not For the First Time

TorrentFreak

OCTOBER 30, 2024

While players such as StreamEast currently receive twice as many monthly visits, Livehd7 sites are mostly presented in Arabic so are directly relevant to the MENA market. blog livehd7.city That’s something of which ACE member beIN, and its Legal Director of Anti-Piracy, Cameron Andrews, are acutely aware. films.org ; ns4.films.org

Branding

Branding Brands Branding Marketing

Patents and Trade Secrets in AI and Life Sciences

JD Supra Law

FEBRUARY 11, 2025

This post is part of MoFos 2025 Intersection of AI and Life Sciences blog series. In this blog series, we explore how artificial intelligence is revolutionizing research, innovation, and patient care in the life sciences.

Intellectual Property

Intellectual Property Privacy Blogging Contracts

The Madrid Protocol: Streamlining International Trademark Registration

IP and Legal Filings

DECEMBER 3, 2024

This blog will examine the features, benefits, effective functioning, and strategies on how best to use the Madrid Protocol to protect the brand globally. Separate applications for trademarks are still required for those markets. Such a process engages the company in the efficient allocation of resources in terms of market expansion.

Registration

Registration Trademark Intellectual Property Branding

The First Amendment Limits Trademark Rights, But How?–Jack Daniel’s v. Bad Spaniels (Guest Blog Post)

Technology & Marketing Law Blog

APRIL 3, 2023

Bad Spaniels (Guest Blog Post) appeared first on Technology & Marketing Law Blog. The post The First Amendment Limits Trademark Rights, But How?–Jack –Jack Daniel’s v.

Blogging

Blogging Trademark Fair Use Trademark Law

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

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

Common Mistakes to Avoid When Registering a Trademark

IP and Legal Filings

NOVEMBER 12, 2024

In this blog, we are going to take a closer look at some of the most common mistakes in the process of registering a trademark and how you can ensure that your brand is well covered from the very beginning. Many businesses secure trademarks at home but forget to protect their brands in the other markets they will expand in.

Trademark

Trademark Branding Brands Branding

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

When a Copyright Owner Gets Only a $1,000 Judgment in Federal Court, They’re the Real Losers–McDermott v. KMC

Technology & Marketing Law Blog

NOVEMBER 16, 2024

KMC appeared first on Technology & Marketing Law Blog. 15, 2024) The post When a Copyright Owner Gets Only a $1,000 Judgment in Federal Court, They’re the Real Losers–McDermott v.

Copyright

Copyright Settlement Licensing Litigation

Traverse Legal Blog

NOVEMBER 25, 2024

the effect of the use upon the potential market. Learn More About Copyright with our Blogs Why Your Website Needs a Copyright Policy Celebs Face Copyright Lawsuits Over Instagram Photos Copyright Statute of Limitations: Don’t Sleep on Your Rights Have You Been Accused of Copyright Infringement?

Copyright Infringement

Copyright Infringement Copyright Web Design Fair Use

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

Serial Copyright Plaintiff Lacks Standing to Enforce Third-Party Copyrights–Viral DRM v 7News

Technology & Marketing Law Blog

MARCH 4, 2025

I’m blogging this otherwise-routine opinion because I blogged another opinion involving Viral DRM where it tried a SAD Scheme attack on various YouTube uploaders. To be clear, the ruling I’m blogging today isn’t a SAD Scheme case. 28, 2025) Prior Blog Posts on the SAD Scheme Another N.D.

Copyright

Copyright Blogging Ownership Licensing

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

DECEMBER 13, 2023

Guest Blog Post) appeared first on Technology & Marketing Law Blog. But it seems like a simple, obvious, and straightforward way to resolve what judges are making into an increasingly convoluted area of law. The post Should Copyright Preemption Moot Anti-Scraping TOS Terms?

Blogging

Blogging Copyright Contracts Cease and Desist

A Short Explainer of Why California’s Social Media Addiction Bill (AB 2408) Is Terrible

Technology & Marketing Law Blog

AUGUST 10, 2022

It’s “burn-down-the-Internet” week on the blog, during which I am recapping three bad California bills that the California legislature is poised to enact. For background on the bill and its voluminous problems, see this lengthy blog post. Monday, I covered AB 2273, the Age-Appropriate Design Code.

Social Media

Social Media Blogging Privacy Government

Some Comments on Today’s Thomson Reuters v. Ross Copyright Ruling

Technology & Marketing Law Blog

FEBRUARY 11, 2025

Though Ross has the burden to establish the fair use defense, the copyright owner should bear the burden to show that it had a non-hypothetical licensing market for training AI systems that Ross’ activities allegedly undercut. Ross Copyright Ruling appeared first on Technology & Marketing Law Blog.

Copyright

Copyright Fair Use Copying Marketing

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

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

Call for Papers/Participation: the revived Internet Law Works-in-Progress Conference, SCU, March 8, 2025

Technology & Marketing Law Blog

NOVEMBER 13, 2024

The post Call for Papers/Participation: the revived Internet Law Works-in-Progress Conference, SCU, March 8, 2025 appeared first on Technology & Marketing Law Blog. We look forward to seeing you in Santa Clara! Regards, Eric.

Law

Law Blogging Marketing Marketing

Decentralized Autonomous Organization (DAO) Treated as General Partnership for Liability Purposes–Samuels v. Lido DAO

Technology & Marketing Law Blog

NOVEMBER 21, 2024

Yay, I’m blogging about more crypto losses. The plaintiff Samuels purchased his LDO tokens later on an after-market exchange, Gemini, but sold them at a loss. Lido DAO appeared first on Technology & Marketing Law Blog. The question is: for whom? That potential exposure would chill token purchases quite a bit.

Government

Government Blogging Marketing Marketing

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

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

Dragons' Den IP Blog - Series 22 Episode 5

Trending Sources

Dragons' Den IP Blog - Series 22 Episode 6

Dragons’ Den IP Blog- Series 22 Episode 2

Blog: Sole Wars: Nike vs. The Shoe Surgeon

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

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

Copyright Claims Board (CCB) Opt-Outs – How’s That Going? (Guest Blog Post–Part 1 of 3)

Can Government Agencies Ban Scraping?–NAACP v. Kohn (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

Copyright Owners Are Still Suing Over Embedding

The CFAA “Gates-Up-or-Down” Metaphor Is Baffling Courts–ACI v. Conservice (Guest Blog Post)

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

ZEO v/s EZIO: Trademark Lessons on Passing Off and the Use of House Marks

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

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

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

CA Anti-SLAPP Law Applies to #MeToo Instagram Post–Nelson v. Bridgers

Livehd7 Sports Piracy Network Shut Down By ACE, But Not For the First Time

Patents and Trade Secrets in AI and Life Sciences

The Madrid Protocol: Streamlining International Trademark Registration

The First Amendment Limits Trademark Rights, But How?–Jack Daniel’s v. Bad Spaniels (Guest Blog Post)

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

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

Common Mistakes to Avoid When Registering a Trademark

Memes as Judicial Opinions–Courthouse News Service v. Forman

When a Copyright Owner Gets Only a $1,000 Judgment in Federal Court, They’re the Real Losers–McDermott v. KMC

What Is Accidental Copyright Infringement. 2024 Update

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)

Serial Copyright Plaintiff Lacks Standing to Enforce Third-Party Copyrights–Viral DRM v 7News

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

A Short Explainer of Why California’s Social Media Addiction Bill (AB 2408) Is Terrible

Some Comments on Today’s Thomson Reuters v. Ross Copyright Ruling

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

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

Call for Papers/Participation: the revived Internet Law Works-in-Progress Conference, SCU, March 8, 2025

Decentralized Autonomous Organization (DAO) Treated as General Partnership for Liability Purposes–Samuels v. Lido DAO

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

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